Indicate which party should be awarded each asset and who is responsible for paying bills and debts when dividing property. Typically the courts will default to dividing debts and assets equally if no other appropriate arrangement is proposed.
If the parties own real property, like a marital residence, then it should be awarded to one spouse or the parties can agree to sell the real property and split the proceeds. Real property can include any homes, rental properties, land, etc.
As you write your divorce agreement, consider whether mediation would be a suitable option for you. Discussing issues with an impartial third party can help resolve them quicker, and you can avoid having the divorce process drawn out in court.
Also, depending on the age of your children, mediation could help your kids have a say in their custody arrangements.
Speaking frankly with either parent may be too difficult for them. Using a mediator may result in more honest responses, and ultimately, lead to you creating an agreement that satisfies the entire family. Failure to disclose all of your assets could result in future litigation where you could be fined and potentially transfer ownership of the asset to your spouse as a penalty. Consider also that some states go by community property laws, and others are strictly separate property states.
Before sitting down to write your joint divorce papers, consider consulting with a qualified legal professional to ensure you are following state laws regarding divorce. Below is a screenshot of the start of a typical sample divorce agreement. Yes, you can create your own divorce papers. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation before initiating a court action. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement. The headings of this Agreement form no part of it and have been included only for convenience.
This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns. The law of Alabama will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside. The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.
At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.
Take note of the following points if you are preparing a Divorce Agreement: Settling out things between the partners will not be easy, but it is advised to have an agreement between both the partners to avoid future disputes. You should be legally aware of the proceedings and prepare the agreement accordingly. Some few points that you can include in a Divorce agreement are: agreement to live separately, agreement regarding the property for both partners , agreement to take care of the children if any.
You can check out Divorce Agreement Templates to help you out in preparing the agreement. It also specifies the irreconcilable differences. Download it in PDF format. You may also check out Settlement Agreement Templates. If the Court decides that the Agreement is fair to all concerned parties, it may be signed into an order of the Court as a final judgement of Divorce. Divorce and separation is generally a matter of state law, with different states having different laws dictating the time and manner in which a divorce is completed.
In order to file for divorce in a state, you must meet that state's residency requirements. Some states require longer residency periods that others prior to filing for divorce. Further, some states have additional requirements in order to file for divorce in that state. Currently, Louisiana, South Dakota, Iowa, Alaska, and Washington state are the only states who do not have residency requirements.
You can find the residency requirements for your state by checking with your the County Clerk's office where you plan to file for divorce. In determining matters related to children, such as child custody, visitation, and support, a Court must approve any arrangement using a "best interests of the child" standard. Generally, if both parents come to an agreement regarding these matters, a Court will be willing include the agreement in the official legal documents.
However, the possibility remains that a Court will require an adjustment of the agreement if they determine that the arrangement is not in the best interests of the child ren involved. At the end, you receive it in Word and PDF formats.
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